ters in such order named, for a certain period therein mentioned, 3 G. 4. c. 123. and the said court shall see good and sufficient cause to believe manded for a that such adjudication or order has been obtained on false evi- period. ence, or otherwise fraudulently obtained or improperly made, it shall be lawful for the said court to direct such prisoner to be brought again before them, and upon due notice to be given. to the creditor or creditors named in the said order, to rehear the said matter, and set aside the said adjudication and order, if they shall see cause, and to make such further order as to them shall seem fit, in execution of the powers in the said recited act contained.

§ 16. Enacts," that in case any person having been admitted on the files of the said court, to practise therein as an attorney or agent on the behalf of any prisoner in actual custody, shall be by the said court removed from the said files of the said court, and shall after such removal practise in the said court as an attorney or agent, on behalf of any prisoner in actual custody, he shall be deemed and taken to be guilty of a contempt of the said court, and shall be liable to fine as well as imprisonment for the same, as shall every attorney and agent, not admitted on the files of the said court, who shall practise contrary to the provisions of the said recited act or of this act."

An attorney or agent removed from the files of

the court and practising, shall be guilty of a contempt.

§ 17. All affidavits to be used before the said court, or any Before whom commissioner thereof, or any justices of the peace, or any officer affidavits are to of the said court, to whom a reference shall be made by said be sworn, court, or any examiner appointed under the said recited act, shall and may be sworn before the said court, or any commissioner thereof, or any commissioner appointed by the said court for the purpose of taking affidavits, or any master extraordinary in chancery, or commissioner for taking affidavits in any of the superior courts of Westminster Hall, or in Scotland, or Ireland, before a magistrate of the county, division, city, town, or place where the affidavit shall be sworn.

All estates, &c. of insane per

sons vested on their discharge in provisional or other assignees.

18. In every case where a prisoner shall be or become of unsound mind, and proceedings shall be had under the said recited act for the discharge of such prisoner by the said court, all and every estate, right, title, interest in law and equity, real and personal, power, benefit, and emolument whatsoever, which if such prisoner were of sound mind, could or ought to be assigned by such prisoner, pursuant to the provisions of the said recited act or this act, shall by force and virtue of the order for the discharge of such prisoner be vested in the provisional assignee of the said court, or in other assignee or assignees appointed by the said court, and named in the said order, as fully and effectually, and in the same manner, and with all and every the same consequences and effects, both in fact and law, to all intents and purposes whatsoever, as if such prisoner had been of sound mind, and had duly conveyed the same to such provisional assignee at the time and in the manner in the said recited act provided; and every assignment Assignments hitherto made in such case by the said court is and shall be good hitherto made and effectual to all intents and purposes; and it shall be law- shall be good. ful for the said court to order judgment to be entered up against Court may order such prisoner, in the same manner as if he or she had been of judgment to be entered up. sound mind, and had executed a warrant of attorney to authorize

3 G.4. c. 123. the entering up of such judgment, in the manner by the said recited act provided.

After assignment avoided by

commission of bankrupt, no action to be brought, &c.

Court may invest unclaimed money, and apply the profits towards expenses of the court.

After the court

is built in Portugal street, all

matters to be heard there, &c.

Fee to keepers, 36. from each prisoner.

In all rules, &c.

cient to set out the substance, without setting out the other proceedings.

§ 19. When any assignment shall be avoided by a commission of bankrupt being issued against any prisoner, no action or suit shall be commenced for any thing done under or by virtue of the said assignment, except to recover any property, estate, money, or effects of the said bankrupt, detained after demand thereof.

§ 20. And whereas it may happen that money may remain in the said court, produced by the estate and effects of insolvent debtors who have taken the benefit of the said act, or some other act for the relief of insolvent debtors, which has not been or may not be claimed by the assignees or creditors of such insolvent; enacts, that it shall and may be lawful for the said court to cause the same, or any part thereof, to be invested in government securities, and to apply the interest and profit arising therefrom, towards defraying the expenses of the said court: Provided that no such money shall be so invested, until the same shall have been in the hands of the said court for 12 months at the least.

§ 21. And whereas it is intended to erect a building for the said court in or near to Portugal-street, Lincoln's Inn Fields, which will be at a convenient distance from the several prisons in London and Middlesex, and from the prisons of the K. B., Marshalsea, Horsemonger-lane, and of the borough of Southwark, in the county of Surrey; enacts, that from and after the same court shall be erected and ready for the despatch of business therein, all petitions and other proceedings and matters of all persons confined in the said prisons, shall be heard and determined therein, unless the said court shall at any time see cause to adjourn its sittings to any other place, and shall adjourn accordingly, which it is hereby empowered to do and the said keepers of the said several prisons, or their deputies, shall be entitled to receive the sum of 3s. and no more from each prisoner, for carrying him before the said court, on the hearing of the matter of his petition and schedule.

§ 22. Enacts, that in all rules, orders, warrants, and other proit shall be suffi- ceedings of the said court, under the said recited act or this act, or any act for the relief of insolvent debtors, it shall be sufficient to set forth such rule, order, or warrant, or in case of a warrant for the apprehension or detention of any person, for a contempt in disobeying any order or rule of the said court, or for the apprehension or detention of any person for the appearance of such person before the said court, or for the enforcing any rule or order of the said court, it shall be sufficient to set forth such rule or order, and the warrant thereon, and that the insolvent in any order, rule, warrant, or other proceeding mentioned has been duly discharged under the said recited act or this act, or some other act for the relief of insolvent debtors, if he has been discharged, or if he has not been discharged, that the prisoner has applied by petition to the said court for his or her discharge from confinement, according to the provisions of the said acts, without setting forth in any such order, rule, warrant, or other proceeding, the petition, conveyance or assignment to the provisional assignee,

appointment of assignee or assignees, or any assignment whatever, 3 G. 4. c. 123. or the schedule, balance sheet, order for hearing, adjudication, order for discharge, or any other rule, order, or proceeding of or

in the said court, or any part thereof, except as aforesaid.

periods.

§ 23. Enacts, that from and after the expiration of six weeks Court to regufrom the last day of Trinity term until the 1st day of November late its sittings in every year during the continuance of the said recited act and within certain this act, the said court shall have full power and authority to regulate and appoint the sittings of the said court at such times as to the commissioners of the said court shall appear fit and necessary for the due administration of justice in the said court; any thing in the said recited act to the contrary thereof in anywise notwithstanding: Provided always, that no adjournment of the said court shall be at any time for more than six weeks.

In indictments, &c. foromitting, &c. property from schedule or aiding there

stance of the offence charged.

§ 24. Enacts, that in every information or indictment against any person, for having, with intent to defraud his creditors, wilfully and fraudulently omitted in his schedule, as finally amended and filed in the said court, at the time of the order for his discharge from actual custody, any effects or property whatsoever, in, it shall be or retained or excepted out of the schedule, as wearing apparel, sufficient to set bedding, working tools, and implements, and other necessaries, out the submore in value than 207., or against any person for aiding and assisting him to do the same, it shall be sufficient to set forth the substance of the offence charged on the defendant, without setting forth the petition, or conveyance or assignment to the provisional assignee, appointment of assignee or assignees, or any assignment whatever, or balance sheet, order for hearing, adjudication, order for discharge or remand, or any warrant, rule, order, or proceeding of or in the said court, except so much of his schedule as may be necessary for that purpose.

The discharge of a party under an insolvent debtor's act cannot Discharge canbe proved by parol evidence, not even by proof of the acknowledg- not be proved ment of the party; for the discharge may have been irregular and by parol. void; and the party may be mistaken: a judicial act of this kind can only be proved by calling the clerk of the peace, and giving in evidence the judgment or adjudication of the court for the debtor's discharge. Scott v. Clare, 3 Campb. 236. 1 Phill. Ev. 220.

Even an order under the seal of the court, reciting that the court had adjudged that the debtor should be discharged, and purporting to be an order to the marshal for his discharge, will not be the primary and best proof of such adjudication, if it appear to be the regular practice of the court to make entries of the judgments in the books of the court. Doe ex dem. Robinson v. Barton, 2 Stark. N. P. 473. 1 Phill. Ev. 220.

request of

creditor.

Carpenter v. White, E. 56 G. 3. 3 Moore, C. P. 231. If a cre- Debt omitted ditor previously to the discharge of an insolvent debtor, request in schedule at him not to include his debt in the schedule, as he would never call on him for its amount.-The court of C. P. held that if it be omitted in the schedule, the creditor cannot afterwards sue the insolvent for such debt, and it is not necessary to produce a copy of such schedule at the trial.

A paper, purporting to be a copy of the original discharge of an Proof of disinsolvent, and signed by the clerk of the proper officer of that court, charge.

with the impression of the seal affixed to it, is admissible in evidence to prove such discharge without the production of the certificate thereof, or proof of its being an examined or attested copy. S. C.

Judge of assize, &c. may direct

two sets of jurors

to be summoned, one to at

tend at the be.

Jurors.

[See 3 Burn, 86.]

1&2 G. 4. c. 46. BY stat. 1 & 2 G. 4. c. 46. § 1. after reciting that whereas the jurors returned by sheriffs and other officers, for the trial of causes at the assizes of the several counties in England and Wales, and the counties palatine of Chester, Durham, and Lancaster, are by law compelled to remain and continue in attendance from the beginning of the assizes, in the counties aforesaid, to the end thereof: and whereas, from the great length of time that the assizes frequently last in many of the counties of England and Wales, and the counties palatine of Chester, Durham, and Lancaster, the attendance of jurors from the beginning to the end of the assizes, is in many cases extremely burthensome and expensive to the said jurors: for remedy whereof it is enacted, "that from henceforth in any county in which the judge or justices of assize in England, or the judge or justices of the grand sessions in any county of Wales, or the justices of the courts of sessions held for the counties palatine of Chester, Durham, or Lancaster, shall think fit so to direct, ginning of each the sheriff or other officer to whom the return of the venire facias assizes, and the juratores or other process for the trial of causes at nisi prius doth belong, shall summon and impanel not more than one hundred and thereof, to serve forty-four jurors, or such lesser number as the judge or justices of indiscriminately assize in England, or the judge or justices of assize of the grand on the criminal sessions in Wales, or the justices of the courts or sessions in the counties palatine of Chester, Durham, or Lancaster, shall think fit to direct, to serve indiscriminately on the criminal and civil side; and shall divide such jurors equally into two sets, the first of which set shall attend and serve for so many days at the beginning of each assizes, as the judge or justices of assize in England, or the judge or justices of the grand sessions in Wales, or the justices of the courts of sessions in the counties palatine of Chester, Durham, or Lancaster, shall before or at the commencement of such assizes respectively think fit to direct; and the other of which sets shall attend and serve for the residue of such assizes."

other to attend the residue

and civil side.

Attendance of jurors to be required generally, but summons shall be

indorsed either

for the first or second set.

Such jurors shall be entitled

to the like certificates and exemptions as heretofore.

2. Such sheriff or other officer shall in the summons to the persons in each of such sets, require the attendance of such persons at the said assizes generally, according to the mode now in use, but upon the back of each summons he shall indorse whether the person named therein is in the first or second set, and shall specify at what time the attendance of such person will be required.

§ 3. Every such attendance and service of such jurors shall entitle such jurors to the like certificates and exemptions as they have been heretofore entitled to, for their attendance and service during the whole assizes.

§ 4. The sheriff or other officer to whom the return of the Venire 1 & 2 G. 4. c. 46. facias juratores or other process for the trial of causes at nisi prius Juries for trial doth belong, shall, upon his return of every such writ or process, of causes at Nisi annex thereto a panel, containing the christian and surnames, ad- Prius to be ditions and places of abode of the persons in each of such sets, and during the attendance and service of the first of such sets, the jury on the civil side shall be drawn from the names of the persons in that set, and during the attendance and service of the second of such sets, from the names of the persons in such second set.

Upon the trial of an information for a libel by a special jury, only ten jurors attended, and it was discovered, after the trial, that two of those who did not attend had not been summoned ; but upon motion for a new trial, there being no suggestion that the omission by the sheriff was the effect of collusion or an improper practice, or to have been prejudicial to the defendant; the court, as a matter entirely in their discretion, refused the rule. Rex v. Hunt, E. 2 G. 4. 4 B. & A. 430.

Who may be challenged.

[See 3 Burn, 96.]

No challenge can be taken either to the array or to the polls, until a full jury have appeared; and therefore, where the challenges are taken previously, they are irregularly made. Rex v. Edmonds and others, E. 2 G. 4. 4 B. & A. 471.

The disallowing of a challenge is not a ground for a new trial, but for a venire de novo; and every challenge must be propounded in such a way as that it may be put at the time upon the N. P. record, so that the adverse party may either demur, or counterplead, or deny the matter of challenge, in which last case only triers are to be appointed; and therefore, where the challenges were not put on the record, the defendants were held not to be in a condition to ask the opinion of the court of K. B. as a matter of right upon their sufficiency. S. C.

There can be no challenge to the array on the ground of unindifferency in the master of the crown office, he being the officer of the court expressly appointed to nominate the jury. The only remedy in such a case is to apply to the court by motion to appoint some other officer to nominate the jury. S. C.

The master of the crown office, in nominating the jury, selected the names of the jurors, and did not take them by chance from the freeholders' book. He also took those only whose names had the addition of "Esquire," or of some higher degree; and included some persons who were in the commission of the peace; the court of K. B. held that, in so doing, he was perfectly right. He also included in his nomination some persons, who, as grand jurymen, had found the indictment, and persisted in his opinion as to their sufficiency, unless the crown would consent to abandon them: which was done, and others were then substituted in their places. The court of K. B. held that he was wrong in his opinion, but that there was no ground for presuming partiality. S. C.

SUPP.

A A

drawn from the set in attend

ance.